Victorian Consolidated Legislation

Landlord and Tenant Act 1958 - SECT 30

Provision for landlords where tenants desert the premises

30. Provision for landlords where tenants desert the premises

Where any tenant holds lands tenements or hereditaments at a rent under any
demise or agreement either written or verbal and is in arrear for six months'
rent, if such tenant deserts the demised premises and leaves the same
uncultivated or unoccupied and although no right or power of re-entry is given
or reserved to such landlord in case of the non-payment of rent, then a
magistrate having no interest in the demised premises may at the request to
the court of the landlord or his bailiff agent or receiver go upon and view
the said premises and affix or cause to be affixed in the most conspicuous
part thereof notice in writing specifying what day (at the distance of
fourteen days at least) he or she will return to take a second view thereof;
and if upon such second view the tenant or some person on his behalf does not
appear and pay the rent in arrear, then the Magistrates' Court may put the
landlord into the possession of the said demised premises; and the lease
thereof to such tenant as to any demise th erein contained only shall
thenceforth become void.